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Avoiding A Legal Lump of Coal: Part 2 The Holiday Party
Avoiding A Legal Lump of Coal: Part I Closing During the Holidays
Same-Sex Spouse Is Entitled To Death Benefits Under ERISA-Qualified Plan In PA
Delay of the Affordable Care Act's employer mandate
Employee Pay/Credit Cards under review

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Avoiding A Legal Lump of Coal: Part 2 The Holiday Party

While the holidays are a time of joy and celebration they can also bring unique challenges and potential liabilities to your business. This series of articles will hopefully prepare you for a litigation free holiday season.
 
Merry Christmas and Happy New Year from Ewart Business Solutions!
 
Avoiding A Legal Lump of Coal:  Part 2 The Holiday Party


This the season for Litigation? 

Love them or hate them holiday parties have been around since Scrooge worked for Mr. Fezziwig.

Avoiding A Legal Lump of Coal: Part I Closing During the Holidays

While the holidays are a time of joy and celebration they can also bring unique challenges and potential liabilities to your business. This series of articles will hopefully prepare you for a litigation free holiday season.
 
Merry Christmas and Happy New Year from Ewart Business Solutions!
 
Avoiding A Legal Lump of Coal:  Part 1 Closing During the Holidays
The holiday season is upon us again, and some companies consider closing their operations during all or part of a holiday week.

Same-Sex Spouse Is Entitled To Death Benefits Under ERISA-Qualified Plan In PA

Following on the heels of the Supreme Court’s decision inU.S. v. Windsor, a federal district court in Pennsylvania recently held that the same-sex spouse of a deceased employee is entitled to receive death benefits under the employer’s ERISA-qualified plan. Cozen O’Connor v. Tobits.
 
In examining the question of “exactlywhocan be a ‘Spouse,’” U.S. district judge Darnell C. Jones II citedU.S. v. Windsor,in which the Supreme Court determined that Section 3 of the Defense of Marriage Act, which defined “marriage” as strictly heterosexual and “spouse” as referring only to a person of the opposite sex who is a husband or a wife, was unconstitutional.

Delay of the Affordable Care Act's employer mandate

The IRS has released formal guidance on the delay of the Affordable Care Act's employee mandate and reporting requirements. The text of which is reported in full below.
 
What this means is Employers who fail to offer minimum essential coverage that provides minimum value and is affordable to its full-time employees under the ACA's employer mandate in 2014 will not be subject to a penalty.  The penalty is expected to apply starting on January 1, 2015. 
 
Employers must still comply with the other provisions of the ACA, including requirements regarding the type of coverage that must be provided (such as women's preventive care and the elimination of pre-existing condition exclusions), Form W2 Reporting and distribution requirement such as distributing a Summary of Benefits and Coverage and Notice of Coverage Options.

Employee Pay/Credit Cards under review


The use of pay cards (i.e. prepaid payroll debit cards) to pay employee wages has come under increased scrutiny in recent weeks. One current controversy over pay cards stems from a class action lawsuit filed against a McDonald’s franchise owner in Pennsylvania in June. In that case, the plaintiff alleges that she was required to receive her wages on a pay card, and was subject to numerous fees to access her earnings and use the card. The particular pay card at issue in that case is the JP Morgan Chase Payroll Card.

FMLA Amended Rule

The Department of Labor’s Wage and Hour Division issued a Final Rule which amends the Family and Medical Leave Act (“FMLA”). 
 
The Final Rule primarily impacts leave for military service members and became effective on March 8, 2013. 
 
Anew posterwas published  in connection with the FMLA amendments, which employers must display by March 8, 2013. 
 
 Click herefor the optional FMLA forms to reflect the changes made by the new regulations.     

Revised Form I-9

The new, revised Form I-9,Employment Eligibility Verification, is now available. 
 
Employers should begin using this new form immediately, including when reverifying documents for employees (e.g., updating due to name change, confirming new I-94 or EAD expiration date, etc.). 
 
However, the new I-9 does not need to be completed for existing employees who already have a completed Form I-9 on file. 
 
Employers may continue to use the old I-9 forms until May 7, 2013.

Adult Children Under the FLMA

TheU.S. Department of Labor’s (DOL) Wage and Hour Divisionissued an Administrator’s Interpretation on January 14, 2013, clarifying the definition of “son or daughter” under the Family and Medical Leave Act (FMLA) as it applies to individuals 18 years of age or older and incapable of self-care because of a mental or physical disability.
 
Age of Son or Daughter
In the interpretation, the DOL clarifies that the age of the son or daughter at the onset of disability is not relevant in determining the parent’s entitlement to FMLA leave.

New Background Forms for Employers

Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA). 
  
The FCRA imposes certain requirements on employers who use third party consumer reporting agencies (CRAs) to obtain consumer reports and investigative consumer reports on employees and applicants. 
 
A consumer report includes a written or oral summary of a person's credit-worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

Even Indy has workplace problems!

As we ease ourselves back into the exciting world of business law and HR
its nice to remember that everyone has trouble in the workplace; even Henry Jones, JR.
 
Skull SkirmishAfter taking on Nazis and aliens, Indiana Jones is now going up against one of his own: an archaeologist.
 
Dr. Jamie Awe, the director of the Institute of Archeology in Belize, claims that 2008’s “Indiana Jones and the Kingdom of the Crystal Skull,” the fourth and worst installment of the famed adventure series,
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